Employer obligations reminder issued
The Labour Department today reminded employers that they should not dismiss foreign domestic helpers who have contracted COVID-19.
It noted that under the Employment Ordinance, employers are prohibited from terminating the contract of an employee’s employment on their paid sickness day, except in cases of summary dismissal due to serious misconduct.
Those who contravene relevant provisions of the ordinance will be deemed as committing an offence and the maximum fine is $100,000.
Employers found to have breached the ordinance will also not be considered eligible to employ a foreign domestic helper for a period of time and their visa application for a helper will be refused.
The department also reminded employers of a possible violation concerning the Disability Discrimination Ordinance if they treat their helpers less favourably, such as dismissing them because the helpers have been infected with or recovered from COVID-19.
Employers should grant sick leave and sickness allowance to the eligible helpers in accordance with the Employment Ordinance if the helper falls sick.
In cases where sick helpers have not accumulated sufficient paid sickness days to cover the period of their sick leave, the Government appeals to the employers to be compassionate and consider granting them paid sick leave.
Meanwhile, according to the requirements in the Standard Employment Contract, employers should provide their helpers with free and suitable accommodation as well as free medical treatment, the department added.